PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 26 February 2002
         DOCKET NUMBER: AR2001065045


         I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun		Director
Mr. Hubert S. Shaw, Jr.		Analyst

The following members, a quorum, were present:

Ms. Joann Langston		Chairperson
Mr. Raymond J. wagner		Member
Mr. Richard T. Dunbar		Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

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2. The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show receipt of the Purple Heart.

3. The applicant states that he was wounded in November 1944 in Weisweiller, Germany, while assigned to the 47th Infantry Regiment of the 9th Infantry Division. In support of his application, he submitted a copy of his WD AGO Form 53-55 and a copy of his WD AGO Form 100 (Separation Qualification Record).

4. The American Legion, as counsel for the applicant, supports the request as submitted and requests that the Army Board for Correction of Military Records grant relief consistent with the evidence of record.

5. The applicant’s military records were lost or destroyed in the National Personnel Records Center fire of 1973. Records available to the Board were obtained from alternate sources and show the applicant entered active service on 17 February 1943. He served in the European-African-Middle Eastern Theater of Operations from 15 July 1943 through 4 October 1944 and was honorably separated from active duty on 25 October 1945.

6. The applicant’s WD AGO Form 53-55, which is authenticated in his own hand, does not show award of the Purple Heart in item 33 (Decorations and Citations). Item 34 (Wounds Received in Action) of his WD AGO Form 53-55 shows the entry, “NONE.”

7. The Separation Qualification Record provided by the applicant states in the Summary of Military Occupations that he “was wounded in Weisweiller, Germany.”

8. The Board noted that the applicant is entitled to additional awards which are not shown on his WD AGO Form 53-55.

9. Item 31 (Military Qualification and Date) of the applicant’s WD AGO Form
53-55 shows that he was awarded the Combat Infantryman Badge. His Final Payment-Worksheet shows entitlement to combat infantry pay. However, there is no evidence that the applicant was awarded the Bronze Star Medal based on award of the Combat Infantryman Badge.

10. Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, dated 6 July 1961, shows, among other information, occupation credit during World War II. This document shows the unit to which the applicant was assigned, the 47th Infantry Regiment, received occupation credit for Germany for the period from 2 May to 31 October 1945.


11. The applicant’s discharge document does not show the World War II Victory Medal as an authorized award.

12. Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

13. The purpose of the WD AGO Form 100 (Separation Qualification Record) was to assist World War II veterans in post-service employment, education, or any other endeavor by the service member. The form was prepared based on service personnel records and personal interview for a very specific purpose and was not intended as a replacement or substitute for the official records of the individual’s service. For these reasons, this form was prepared on a one-time basis and was not replaced or edited after the fact.

14. Army Regulation 600-8-22 also provides, in pertinent part, that the Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy. The Bronze Star Medal is authorized for each individual who was cited in orders or awarded a certificate for exemplary conduct in ground combat between 7 December 1941 and 2 September 1945 or whose achievement or service, during that period, was confirmed by documents executed prior to 1 July 1947. An award of the Combat Infantryman Badge or the Combat Medical Badge is considered to be a citation in orders. This means, in effect, that the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

15. Army Regulation 600-8-22 provides, in pertinent part, that the Army of Occupation Medal is awarded for service of thirty consecutive days at a normal post of duty in a qualifying location. Personnel at a qualifying location as an inspector, courier, escort, temporary or detached duty are precluded from eligibility. For Germany, qualifying service must have been between 9 May 1945 and 5 May 1955 and the European-African-Middle Eastern Campaign Medal must have been awarded prior to 9 May 1945.

16. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the World War II Victory Medal. It is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.





CONCLUSIONS:

1. There are no orders which award the Purple Heart to the applicant. The applicant has provided no evidence, which shows that he was awarded the Purple Heart.

2. The applicant’s discharge document, which he personally authenticated at the time of his separation from the Army, does not show award of the Purple Heart and shows that he sustained no wounds in action.

3. The Board reviewed the applicant’s Separation Qualification Record which states in part that he “was wounded in Weisweiller, Germany.” The Board also noted that this record is prepared solely for post-service employment and education purposes from service records and/or personal interview.

4. Based on the foregoing, the Board determined in this particular case that the applicant’s Separation Qualification Record by itself was not sufficient as a basis for award of the Purple Heart, particularly in view of the WD AGO Form 53-55 which is an official service personnel record and which shows the applicant was not awarded the Purple Heart and was not wounded.

5. The applicant received the Combat Infantryman Badge during World War II; therefore, he was entitled to award of the Bronze Star Medal.

6. While the applicant was assigned to the 47th Infantry Regiment, it received occupation credit in Germany. Therefore the applicant is entitled to award of the Army of Occupation Medal with Germany Clasp and correction of his records to show this award.

7. Based on the applicant’s service during World War II, he is entitled to award of the World War II Victory Medal and correction of his records to show this award.

8. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected:

         a. by awarding the individual concerned the Bronze Star Medal based on award of the Combat Infantryman Badge;

         b. by showing that he received the Army of Occupation Medal with Germany Clasp and the World War II Victory Medal.

2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

__RJW__ ___JL___ __RTD___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Ms. Joann Langston__
                  CHAIRPERSON

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INDEX

CASE ID	AR2001065045
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20020226
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY	MR SCHNEIDER
ISSUES 1.	107.0000.0000
2.
3.
4.
5.
6.